Court : Supreme Court of India
Reported in : [1950]SuppSCR102
Mukherjea, J.1. These sixteen appeals arise out of as many applications presented by the different appellants under section 491 of the Criminal Procedure Code, complaining of illegal detention under section 2 (1) (a) of the Bihar Maintenance of Public Order Ordinance, 1949. 2. The appellants were originally arrested under the Bihar Maintenance of Public Order Act, 1947. That Act, which received the assent of the Governor-General on 15th of March, 1947, was to remain operative under section 1 (3) of the Act for a period of one year only from the date of its commencement, subject to a proviso engrafted upon the sub- section itself, which empowered the Provisional Government to extend it, with or without modifications, for a further period of one year, by means of a notification, on a resolution being passed to that effect by the Bihar Legislative Assembly and agreed to by the Bihar Legislative Council. On the 11th of March, 1948, the Provincial Government of Bihar, in exercise of their p...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC1; (1950)52BOMLR521; (1950)IIMLJ344(SC); [1950]1SCR75; [1950]SuppSCR75
Mahajan, J.1. This is an appeal from the judgment and decree of the High Court of Bombay dated 9th March 1943, and made in Second Appeal No. 717 of 1940 varying the decree of the Assistant Judge, Ahmedabad, in Appeal No. 173 of 1936 reversing the decree of the Joint Sub-Judge, Ahmedabad, in Suit No. 830 of 1933. 2. The suit out of which this appeal arises was filed by the respondent firm in ejectment to recover possession of survey Nos. 222, 223, 225 and 226 situate in Rampura in Ahmedabad district and for mesne profits, as early as July, 1933, and during its 17 years' span of life it had a somewhat chequered career. Those responsible for drawing up the pleadings did not take pains to comprehend correctly as to what they were about and the whole litigation was conducted in a slovenly and slipshod manner. Evidence which should have been produced at the beginning was allowed to be produced at a much later stage after the case went back on remand and the suit was determined by the Assista...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC7; (1950)52BOMLR515; [1950]1SCR64
Das, J.1. This appeal arises out of an application made by the Respondent under the Indian Arbitration Act, 1940, praying inter alia that the arbitration agreement contained in certain contract notes including contract note No. 17996 sent by the Appellants to the Respondent be declared to be invalid, void and unenforceable and be set aside and that a purported award made by the arbitrators appointed in terms of the said contract notes be set aside. That application came to be made in the following circumstances : 2. The Appellants were and are members of the East India Cotton Association Ltd. The Respondent, however, was not and is not a member of that Association. In April, 1945, the Respondent employed the Appellants as his agents to effect forward contracts for the sale and/or purchase of cotton according to the rules, regulations and bye-laws of that Association. Between the 9th April, 1945, and the 10th August, 1945, the Appellants as such agents put through various contracts for ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC11; 1978(2)ELT284(SC); [1950]1SCR15
Kania, C.J.1. This is an appeal from the judgment and order of the High Court at Nagpur, made on a reference under Section 83(2) of the Central Provinces Municipalities Act II of the 1922, by the Extra Assistant Commissioner, Nagpur. The appellant is a trader in Kamptee who manufactures bidis. On the 30th of November, 1945, he brought to Kamptee from outside tobacco to make bidis. A declaration form signed on his behalf stated that the 254 bags of tobacco liable to octroi duty, which had that day arrived at octroi post No. 3, had been brought for use and consumption within the limits of the Municipality. He however put on record his protest against the recovery of the duty which was fixed at Rs. 1,128-2-0. Against the order claiming the amount, the appellant filed an appeal to the Extra Assistant Commissioner with revenue appellate powers, Nagpur. He contended that the municipality claimed to levy the duty under Section 66(1)(e) of the Municipal Act, but they had no right to do so as u...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC6; [1950]1SCR25
Fazl Ali, J.1. The only question to be decided in this appeal, which arises out of an execution proceeding, is whether the decree under execution is barred by limitation. The first court held that the decree was not barred, but the High Court has come to the opposite conclusion, and the decree-holder has, after obtaining a certificate under Section 110 of the Civil Procedure Code, appealed to this Court. 2. The facts may be briefly stated as follows. On the 21st August, 1940, a preliminary mortgage decree was passed ex parte in a suit instituted by the appellant to enforce a mortgage. On the 19th September, 1940, the judgment-debtor made an application under Order IX, rule, 13, of the Civil Procedure Code for setting aside the ex parte decree, but this application was rejected on the 7th June, 1941. On the 11th July, 1941, the judgment-debtor filed an application under Section 36 of the Bengal Moneylenders Act, for reopening the preliminary decree, but this application was dismissed fo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC443
Mahajan, J.1. This is an appeal from a judgment and decree of the High Court of Judicature at Bombay dated 26-1-1948 reversing the decree passed by Chagla J. on 7-7-1947.2. The suit was brought by one Laxmibai, wife of Inderlal Nandlal of Malad on 26-5-1943 for specific performance of an agreement dated 29-8-1929, said to have been arrived at between her and Messrs. Gorakhram Sadhuram, a firm carrying on business as bankers and commission agents at Kalbadevi Road, Bombay. By the agreement the defendants were to transfer the bungalow in suit at Malad to the name of the respondent whenever demanded on payment of costs of such transfer and were to debit the sum of Rs. 40,000 the value of the bungalow, to the current account of the firm of Messrs Thackersidas Nandlal, of which the plaintiff's husband and father-in-law were the owners and which firm was indebted in a large amount to Messrs Gorakhram Sadhuram.The principal defence to the suit was that the plaintiff was not a party to the agr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC15; [1950]1SCR30
Patanjali Sastri, J.1. This is an appeal by special leave from a judgment and decree of the High Court of Judicature at Fort William in West Bengal dated 5th January, 1948, which varied a judgment and decree passed by a single Judge on 11th June, 1945, on the Original Side of the same Court. 2. The appellant who is carrying on business as an estate broker in Calcutta was employed by the respondent on the terms mentioned in a commission letter dated the 5th May, 1943, to 'negotiate the sale' of premises No. 27, Amratolla Street, Calcutta, belonging to him. In pursuance of this contract the appellant found two persons who were ready and willing to purchase the property for Rs. 1,10,000, and by letters exchanged with them on 2nd June, 1943, he purported to conclude a contract for the sale of the property and the communicated the same to the respondent by a letter of even date. The respondent, however, entered into an agreement on 9th June, 1943, with a nominee of the said persons for the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC36
Fazl Ali, J.1. This is an appeal by special leave from the decision of the High Court at Nagpur, allowing the appeal of the Government of the Central Provinces and Berar under Section 417, Criminal P. C., against the acquittal of the appellant by the Sessions Judge of Bilaspur, and convicting him for committing murder of one Gayaram and causing hurt to his wife, Bahartin, and sentencing him to transportation for life and three months' rigorous imprisonment under Sections 302 and 323 respectively of the Indian Penal Code.2. The case of the prosecution as presented in the trial Court may be shortly stated as follows. In village Taga, which adjoins village Dhanwa, where the alleged crime is said to have been committed, there is a field belonging to the deceased, Gayaram, and his sons, in which paddy was sown in 1948. On 15-8-1948, Hiraram, one of Gayaram's sons, arranged to bring water into this field from the field of one Tiharu, one of his relations, by making an opening in the ridge of...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR245
Fazl Ali, J.1. The question raised in this case relates to the validity of section 7(1) (c) of the East Punjab Public Safety Act, 1949 (as extended to the Province of Delhi), which runs as follows :- 'The Provincial Government or any authority authorised by it in this behalf if satisfied that such action is necessary for the purpose of preventing or combating any activity prejudicial to the public safety or the maintenance of public order may, by order in writing addressed to a printer, publisher or editor - * * * * * *(c) require that any matter relating to a particular subject or class or subjects shall before publication be submitted for scrutiny'; 2. It should be noted that the provisions of sub-clause (c) are not in general terms but are confined to a 'particular subject or class of subject.' and that having regard to the context in which these words are used, they must be connected with 'public safety or the maintenance of public order.' 3. The Petitioners, on whose behalf this ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR317
Kania, C.J.1. I have read the judgments prepared by Messrs Fazl Ali, Mahajan and Mukherjea, JJ., in this case. As the views in those judgments in respect of the nature of the duties and functions of the Industrial Tribunal do not show agreement I consider it necessary to add a few words of my own. 2. In my opinion, the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, although it is not a Court. The rules framed by the Tribunal required evidence to be taken and witnesses to be examined, cross-examined and re-examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from those of an ordinary Civil Court and it has jurisdiction and powers to give reliefs which a Civil Court administering the law of the land (for instance, ordering the re-instatement of a workman) does not possess in the discharge...
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